Emergency Marine Fisheries Protection Act

Summary

Emergency Marine Fisheries Protection Act - Declares the policy of this Act. Establishes, for the duration of this Act, a fishery zone contiguous to the territorial sea of the United States. Requires that the United States excercise exclusive fishery management responsibility and authority within this contiguous fishery zone. States that the contigous fishery zone has as its inner boundary the outer limits of the territorial sea, and as its seaward boundary a line drawn so that each point on the line is 197 nautical miles from the inner boundary. Provides that the fishery management responsibility and authority of the United States within the contiguous fishery zone of the United Stated shall not include or be construed to extend to highly migratory species, except to the extent such species are not managed pursuant to bilateral or multilateral international fishery agreements. Provides that the fishery management responsibility and authority of the United States with respect to anadromous species, for the duration of this Act, extends to such species wherever found throughout the migratory range of such species. Requires that the United States manage and conserve, and have preferential rights to, fish within the contiguous fishery zone. Provides that the Secretary of Commerce and the Secretary of State, after consultation with the Secretary of the Treasury, may authorize fishing within the contiguous fishery zone of the United States, or for anadromous species or both, by citizens of any foreign nation, in accordance with this Act, only if such nation has traditionally engaged in such fishing prior to the date of enactment of this Act. Requires that the allowable level of traditional foreign fishing shall be set upon the basis of the portion of any stock which cannot be harvested by citizens of the United States. Provides that traditional foreign fishing rights shall not be recognized unless any foreign nation claiming such rights demonstrates that it grants similar traditional fishing rights to citizens of the United States within the contiguous fishery zone of such nation. Authorizes the Secretary of Commerce to establish reasonable fees to be paid by the citizens of foreign nation engaged in exercising recognized foreign fishing rights. Provides that such fees shall be set in an shall be set in an amount sufficient to reimburse amount sufficient to reimburse the United States for administrative expenses incurred pursuant to this Act, and for an equitable share of the management and conservation expenses incurred by the United States in accordance with this Act, including the cost of regulation and enforcement. Establishes a Fisheries Management Council. Empowers such Council to: (1) provide information and expert assistance to States and local or regional fisheries authorities in marine fisheries management and conservation; (2) consult on an ongoing basis (A) with other Federal agencies and departments; (B) with officials of coastal States who are concerned with maring fisheries management and conservation planning; (C) with appropriate officials of other nations which are exercising traditional foreign fishing rights, through the offices of the Secretary of State; and (D) with owners and operators of fishing vessels; (3) to prepare a survey of fisheries subject to the emergency conservation and management authority granted to the United States by this Act, including, but not limited to, depleted stocks and stocks threatened with depletion; and (4) survey, study, and prepare a marine fisheries management plan setting forth the elements of a national management system to conserve and protect fish. Requires the Council submit the marine fisheries management plan adopted by the Council to the Senate Committee on Commerce and the Committee on Commerce and the Committee on Merchant Marine and Fisheries of the House of Representatives not later than one year after the date of enactment of this Act. Directs the Secretary of State, upon the request of and in cooperation with the Secretary, to initiate and conduct negotiations with any foreign nation which is engaged in , or whose citizens are engaged in, fishing in the contiguous fishery zone of the United States or for anadromous species. Provides that the Secretary of State, upon the request of and in cooperative with the Secretary, shall, in addition, initiate and conduct negotiations with any foreign nation in whose contiguous fishery zone or equivalent economic zone citizens of the United States are engaged in fishing or with respect to anadromous species as to which such nation asserts management responsibility and authority and for which citizens of the United States fish. Provides that the purpose of such negotiations shall be enter into international fishery agreements on a bilateral or multilateral basis to effectuate the purposes, policy, and provisions of this Act. Sets forth prohibitions and penalties under this Act. Authorizes the appropriation of funds to carry out this Act.

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2 official files

• Indefinitely postponed in Senate

  summary · EN · 28 January 1976

  Open at official source

• Introduced in Senate

  summary · EN · 5 March 1975

  Open at official source

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